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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. The summary of the grounds for appeal (five years of imprisonment) by the lower court is too unreasonable.
2. The judgment of this case is that some of the crime of this case was committed by deceiving the money of a female by taking advantage of a patriotic relationship, and the criminal defendant had been punished several times for the same crime, such as obtaining the money of a female by deceiving or taking over the money of a female in the past by taking advantage of a patriotic relationship, and being punished for three years for fraud, etc. in 2008. As above, the defendant was sentenced to three years of imprisonment for the same crime in 2008, and was sentenced to three years for the same crime in January 201, 201, and again committed another crime of this case against the victim C, K, and M during the period of repeated crime, and the amount of fraud exceeds 60 million won, and most of the damage was not recovered, and the fact that the victim did not agree with the victims is disadvantageous.
However, in light of the favorable circumstances, such as the fact that the defendant was found to have partly recovered from the damage, such as recovering about KRW 30 million against the victim C and about KRW 33 million against the victim M, etc., and the defendant's age, character and behavior, environment, circumstances and result of the crime of this case, and the circumstances after the crime of this case, etc., the sentence imposed by the court below is somewhat unreasonable, and thus, the defendant's assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the gist of the evidence admitted by the court is as follows, except where the “1. Defendant’s legal statement” in the summary of the evidence is deemed as “1. Defendant’s legal statement at the original trial,” and thus, it is identical to each corresponding column of the original judgment. As such, it is cited as it is in accordance with Article
Application of Statutes
1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment